Statutory Instrument

S.I. No. 604 of 2006

Child Care (Pre-School Services) (No2) Regulations 2006

S.I. No 604 of 2006

Child Care (Pre-School Services) (No 2) Regulations, 2006

Arrangement of sections

Part I

Regulation

Part II

Part III

Part IV

Part V

Part VI

S.I. No. 604 of 2006

CHILD CARE (PRE-SCHOOL SERVICES) (No 2) REGULATIONS 2006

I, BRIAN LENIHAN, Minister of State at the Department of Health and Children, in the exercise of the powers conferred on me by Sections 50 and 68 of the Child Care Act 1991 , (No. 17 of 1991) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) and the Health and Children (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 842 of 2004 ) and after consultation with the Minister for Education and Science and the Minister for the Environment, Heritage and Local Government hereby make the following Regulations:-

PART 1

CITATION

1.  These Regulations may be cited as the Child Care (Pre-School Services) (No 2) Regulations 2006.

COMMENCEMENT

2.  (1)  These Regulations (other than Regulation 3(2)) come into operation on 3 September 2007.

(2) Regulation 3(2) comes into operation on the 7 December 2007.

REVOCATION

3.  (1) The Child Care (Pre-School Services) Regulations 1996 ( S.I. No. 398 of 1996 ) and the Child Care (Pre-School Services) (Amendment) Regulations 1997 ( S.I. No. 268 of 1997 ) are revoked.

(2)  The Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) are revoked.

INTERPRETATION

4.  In these Regulations -

-�Act-� means the Child Care Act 1991 ;

-�authorised person-� means a person appointed under Section 54 of the Act to be an authorised person for the purposes of Part VII of the Act;

-�childminding service-� means a pre-school service, which may include an overnight service, offered by a person who single-handedly takes care of pre-school children, including the childminder's own children, in the childminder's home for a total of more than 2 hours per day, except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;

-�childminder-� is a person who provides a childminding service as defined in these Regulations;

-�Full day care service-� means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the full day care service;

-�Health Service Executive-� means the Health Service Executive established by Section 6 of the Health Act 2004 ( S.I. no. 42 of 2004 );

-�overnight pre-school service-� means a service in which pre-school children are taken care of for a total of more than 2 hours between the hours of 7pm and 6am except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;

-�part-time day care service-� means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;

-�premises-� means a premises, building or part of a building, and any out-offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which a pre-school service is being or is proposed to be carried on;

-�pre-school service in a drop-in centre-� means a pre-school service offering day care which is used exclusively on an intermittent basis;

-�pre-school service in a temporary drop-in centre-� means a pre-school service offering day care exclusively on a temporary basis;

-�record-� means any record kept or retained in pursuance of these Regulations including any book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;

-�sessional pre-school service-� means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session.

PART II

HEALTH, WELFARE AND DEVELOPMENT OF THE CHILD

5.  A person carrying on a pre-school service shall ensure that each child's learning, development and well-being is facilitated within the daily life of the service through the provision of the appropriate opportunities, experiences, activities, interaction, materials and equipment, having regard to the age and stage of development of the child and the child's cultural context.

FIRST AID

6.  There shall be a suitably equipped first-aid box for children in the premises.

MEDICAL ASSISTANCE

7.  A person carrying on a pre-school service shall ensure that -

(a) adequate arrangements are in place to summon medical assistance promptly in an emergency, and

(b) a protocol is in place for the administration of medication.

MANAGEMENT AND STAFFING

8.  (1) A person carrying on a pre-school service shall ensure that -

(a)  a sufficient number of suitable and competent adults are working directly with the pre-school children in the pre-school service at all times,

(b)  the service has a designated person in charge and a named person who is able to deputise as required, and

(c)  at all times during the period when the pre-school service is being carried on, the designated person in charge or the named person referred to in paragraph 1(b) is on the premises.

(2)  A person carrying on a pre-school service shall ensure appropriate vetting of all staff, students and volunteers who have access to a child -

(a)  by reference to past employer references in particular the most recent employer reference, in respect of all staff, and

(b)  by reference to references from reputable sources, in respect of all students and volunteers, and

(c)  by acquiring Garda vetting from An Garda Síochána when An Garda Síochána have set down procedures to make such vetting available, and

(d)  in circumstances where Garda vetting is not available for staff, students and volunteers who have lived outside the jurisdiction, by ensuring that these persons provide the necessary police vetting from other police authorities.

(3)  Such vetting procedures shall be carried out prior to any person being appointed or assigned or being allowed access to a child in the pre-school service.

BEHAVIOUR MANAGEMENT

9.(1)  A person carrying on a pre-school service shall ensure that no corporal punishment is inflicted on a pre-school child attending the service.

(2)  A person carrying on a pre-school service shall ensure that no practices that are disrespectful, degrading, exploitive, intimidating, emotionally or physically harmful or neglectful are carried out in respect of any child.

(3)  A person carrying on a pre-school service shall ensure that written policies and procedures are in place to deal with and to manage a child's challenging behaviour and to assist the child to manage his or her behaviour as appropriate to the age and stage of development of the child.

PART III

NOTICE TO BE GIVEN BY PERSON PROPOSING TO CARRYING ON A PRE-SCHOOL SERVICE

10.(1)  Where a person proposes to carry on a pre-school service that person shall, at least 28 days before the commencement of the service, give notice in writing to the Health Service Executive.

(2)  Notwithstanding paragraph (1) herein, where a person proposes to carry on a pre-school service in a temporary drop-in centre, that person shall, at least 14 days before the commencement of the service, give notice in writing to the Health Service Executive.

(3)  A notice under paragraph (1) or (2) of this Regulation shall be in the form set out in the Schedule to these Regulations or in a form to the like effect which shall contain all the particulars specified in that form.

NOTIFICATION OF CHANGE IN CIRCUMSTANCES

11.(1) A person carrying on a pre-school service shall, within 28 days, notify in writing the Health Service Executive of any change in the particulars contained in the notice given by that person in the Schedule to these Regulations or in a form to the like effect.

(2)  A person who ceases to carry on a pre-school service shall, within 14 days of the cessation of the service, give notice in writing to the Health Service Executive.

NUMBER OF PRE-SCHOOL CHILDREN WHO MAY BE CATERED FOR

12.(1) After inspection of a premises, the Health Service Executive may make a proposal to fix the maximum number of pre-school children who may be catered for at the same time in a premises in which a pre-school service is being carried on. The Health Service Executive shall, when making such a proposal, have regard to the age range of the pre-school children, the adult/child ratios, the group size and the space per child. The Executive shall notify in writing the person carrying on the service of its proposal and of the reasons for it and the notification shall include a statement that the person concerned may make representations to the Executive within 21 days of the receipt by that person of the notification.

(2)  A person carrying on a pre-school service who has been notified of a proposal under paragraph (1) of this Regulation may, within 21 days of the receipt of the notification, make representations in writing to the Chief Executive Officer of the Health Service Executive and the Chief Executive Officer or his designated officer shall -

(i)   before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and

(ii)  notify the person in writing of the decision and of the reasons for it.

(3)  The person carrying on the pre-school service shall comply with the decision referred to at paragraph (2) herein.

(4)  Without prejudice to the obligation to comply set out in paragraph (3) such person may apply in writing to the Chief Executive Officer of the Health Service Executive at any time after the decision in paragraph (2) is made, seeking amendment of the decision on the grounds that the circumstances which led to the decision have changed .

(5)  Upon receipt of such application, the Chief Executive Officer or his designated officer shall consider the representations made and decide on whether the maximum number fixed be amended.

(6)  The decision referred to in paragraph (5) and the reasons for it shall be notified to the person carrying on the pre-school service who shall comply with such decision.

PART IV

REGISTER OF PRE-SCHOOL CHILDREN

13.(1) Subject to paragraph (3) of this Regulation a person carrying on a pre-school service shall keep a register and shall enter in the register the following particulars in respect of each pre-school child attending the service -

(a)  the name and date of birth of the pre-school child,

(b)  the date on which the pre-school child first attended the service,

(c)  the date on which the pre-school child ceased to attend the service,

(d)  the name and address of a parent or guardian of the pre-school child and, a telephone number where that parent or guardian or a relative or friend of such child can be contacted during the hours of operation,

(e)  authorisation for the collection of the pre-school child,

(f)  details of any illness, disability, allergy or special need of a pre-school child, together with all the notes relevant to the provision of special care or attention,

(g)  the name and telephone number of the pre-school child's general practitioner,

(h)  record of immunisations, if any, received by the pre-school child, and

(i)   written parental consent for appropriate medical treatment in the event of an emergency.

(2)  The register shall be open to inspection on the premises by:-

(a)  a parent or guardian of the pre-school child attending the service but only in respect of information entered in the register concerning that child,

(b)  a person working in the pre-school service who is authorised in that behalf by the person carrying on the service, and

(c)  an authorised person.

(3)  A person carrying on a pre-school service in a drop-in centre or in a temporary drop-in centre shall enter in the register the particulars referred to in paragraph (1) of this Regulation, except for subparagraphs (b), (c), (g), (h) and (i).

RECORDS

14.  (1)  A person carrying on a pre-school service shall keep a record in writing of the following information in relation to the service -

(a)  the name, position, qualifications and experience of the person in charge and of every other person, including volunteers and students working in the service,

(b)  all information generated under Regulation 8 (2),

(c)  details of the maximum number of pre-school children catered for at any one time,

(d)  details of the type of service and age range group,

(e)  details of the staff/child ratios in the service,

(f)   the type of care or programme provided in the service,

(g)  the facilities available,

(h)  the opening hours and fees,

(i)   policies and procedures of the service,

(j)   details of attendance by a pre-school child on a daily basis,

(k)  details of staff rosters on a daily basis,

(l)   details of any medicine administered to a pre-school child attending the service with signed parental consent, and

(m) details of any accident, injury or incident involving a pre-school child attending the service.

(2) The record referred to in paragraph (1) and the documentation and records referred to in paragraph (5) of this Regulation shall be open to inspection on the premises by an authorised person.

(3) Save for the information maintained in the record under Regulation 14(1)(b) the record referred to in paragraph (1) of this Regulation shall be open to inspection on the premises by a parent or guardian of a pre-school child attending the service but only in respect of information entered in the register concerning that child.

(4) For the purposes of operating the pre school service, the record referred to in paragraph (1), other than the information maintained under Regulation 14(1)(b), shall be open to inspection on the premises by a person working in the service who is authorised in that behalf by the person carrying on the service.

(5) A person carrying on a pre-school service shall maintain all documents and records relating to references and Garda and police vetting obtained under Regulation 8(2).

INFORMATION FOR PARENTS

15.  A person carrying on a pre-school service shall provide a parent or guardian of a pre-school child proposing to attend the service with the information referred to in Regulation (14) (1) (a), (c), (d), (e), (f), (g), (h) and (i) of these Regulations.

FIRE SAFETY MEASURES

16.  (1) A person carrying on a pre-school service shall keep a record in writing of -

(a)  all fire drills which take place in the premises, and

(b)  the number, type and maintenance record of fire fighting equipment and smoke alarms in the premises.

(2)  The record referred to in paragraph (1) of this Regulation shall be open to inspection by -

(a)  a parent or guardian of a pre-school child attending or proposing to attend the service,

(b)  every person working in the service, and

(c)  an authorised person.

(3)  A notice of the procedures to be followed in the event of fire shall be displayed in a conspicuous position in the premises.

COPY OF ACT AND REGULATIONS

17. A person carrying on a pre-school service shall keep a copy of Part VII of the Child Care Act 1991 and of these Regulations on the premises and the said copies shall be made available on demand for inspection by -

(a)  a parent or guardian of a pre-school child attending or proposing to attend the service,

(b)  every person working in the service, and

(c)  an authorised person.

PART V

PREMISES AND FACILITIES

18.  A person carrying on a pre-school service shall ensure that -

(a)  the premises are of sound and stable structure, are safe and secure and are suitable for the purposes of providing a pre-school service,

(b)  adequate space per child is provided in the premises,

(c)  the premises, fixtures and fittings are kept in a proper state of repair and in a clean and hygienic condition and protected from infestation,

(d)  suitable and secure storage facilities are provided for cleaning chemicals and unsafe, toxic, dangerous or hazardous materials, substances or equipment,

(e)  adequate and suitable storage is provided for prams, pushchairs, carrycots, play and work equipment and personal belongings, and

(f)   the premises are adequately rodent-proofed in a manner which does not compromise the safety of the pre-school children or constructed in such a manner as to prevent the ingress of pests.

HEATING

19.  A person carrying on a pre-school shall ensure that -

(a)  the premises are adequately heated throughout with suitable means of heating from the time of occupancy of the premises to the end of the occupancy, having regard to the needs of the pre-school children attending the service, and

(b)  a heating system liable to emit into the premises offensive or harmful gases, fumes or odours is not permitted.

VENTILATION

20.  A person carrying on a pre-school service shall ensure that suitable and adequate means of ventilation is provided in the premises.

LIGHTING

21.  A person carrying on a pre-school service shall ensure that suitable and adequate lighting is provided in the premises.

SANITARY ACCOMMODATION

22.  A person carrying on a pre-school service shall ensure that adequate and suitable sanitary facilities are provided within the building.

DRAINAGE AND SEWAGE DISPOSAL

23.  A person carrying on a pre-school service shall ensure that suitable and effective means of drainage and sewage disposal are provided to the premises.

WASTE STORAGE AND DISPOSAL

24.  A person carrying on a pre-school service shall ensure that all waste and other refuse is stored hygienically and disposed of frequently and in such a manner as not to cause a nuisance.

EQUIPMENT AND MATERIALS

25. A person carrying on a pre-school service shall ensure that -

(a)  there is sufficient furniture, play and work equipment and materials and that such furniture, equipment and materials are suitable, non-toxic, in a proper state of repair and are maintained in a clean and hygienic condition, and

(b)  there is an appropriate supply of clean bedding, towels and spare clothes for the pre-school children.

FOOD AND DRINK

26. (1) A person carrying on a pre-school service shall ensure that suitable, sufficient, nutritious and varied food is available for a pre-school child attending the service.

(2)  Where food is consumed on the premises by a pre-school child, the person carrying on the pre-school service shall ensure that -

(a)  adequate and suitable facilities are provided for the storage, preparation, cooking and serving of food, and

(b)  adequate and suitable eating utensils, hand washing, wash-up and sterilising facilities are provided.

(3) This Regulation is without prejudice to

(a)  the provisions of the Health Act 1947 and regulations made pursuant to that Act,

(b)  the provisions of the Food Safety Authority of Ireland Act 1998 and

(c)  any secondary legislation made pursuant to the European Communities Act 1972 relating to food safety.

SAFETY MEASURES

27.  A person carrying on a pre-school service shall take all reasonable measures to safeguard the health, safety and welfare of a pre-school child attending the service and in particular shall ensure that -

(a)  all heat emitting surfaces are protected by a fixed guard or are thermostatically controlled to ensure safe surface temperatures,

(b)  hot water provided for use by a pre-school child is thermostatically controlled to ensure a safe temperature,

(c)  any garden or external play area is so fenced and doors and gates are so secured as to prevent a pre-school child gaining unsupervised access to a roadway or other source of danger and to prevent unauthorised access to the garden or external play area,

(d)  ponds, pits and other hazards in any garden or external play area are so fenced as to ensure the safety of a pre-school child attending the service,

(e)  steps are taken to prevent the spread of infection, and

(f)   operational procedures for the safe conduct of outings are in place and a pre-school child is safely escorted on any outing.

FACILITIES FOR REST AND PLAY

28.  A person carrying on a pre-school service shall ensure that -

(a)  adequate and suitable facilities for a pre-school child to rest during the day and night (if an overnight pre-school service is provided) are provided, and

(b)  adequate and suitable facilities for a pre-school child to play indoors and outdoors during the day are provided, having regard to the number of pre-school children attending the service, their age and the amount of time they spend in the premises.

PART VI

FURNISHING OF INFORMATION TO THE HEALTH SERVICE EXECUTIVE

29.  A person carrying on a pre-school service shall furnish the Health Service Executive with such information as the Executive may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form (if any) as may be specified by the Executive.

INSURANCE

30.  A person carrying on a pre-school service shall ensure that the pre-school children attending the service are adequately insured against injury while attending the service.

ANNUAL FEES

31.(1) Subject to sub-article 4 of this article, a person carrying on a pre-school service shall pay to the Health Service Executive an annual fee towards the cost of inspections under Part VII of the Act and the amount of such fee shall be:

(a)  where the service provided does not exceed 3.5 hours in the day - €40.00

(b)  childminding service - €40.00

(c)  in all other cases - € 80.00

(2)  The Health Service Executive shall, as near as may be to the first anniversary of the notification referred to in Regulation 10 of these Regulations, and annually thereafter, notify the person carrying on a pre-school service of the annual fee to be paid to it by that person.

(3)  The person carrying on a pre-school service shall, within 28 days of the receipt by him or her of a notification under paragraph (2) of this Regulation pay the Health Service Executive the fee specified in the notification.

(4)  The Health Service Executive may exempt from a fee a person carrying on a pre-school service in which no pre-school child is maintained for profit.

INSPECTION

32.(1) The Health Service Executive shall, following an inspection by an authorised person, furnish a report in writing to the person carrying on the pre-school service of the outcome of the inspection.

(2)  Subject to paragraph (1) of this Regulation the Health Service Executive shall take such steps as are necessary to enforce these Regulations in relation to the pre-school service concerned.

ENFORCEMENT AND EXECUTION

33.  These Regulations shall be enforced and executed by the Health Service Executive.

SCHEDULE

Notification to the Health Service Executive by a person proposing to carry on a pre-school service.

I ........................ of ........................, aged over eighteen years, hereby give notice to the Health Service Executive that it is my intention to carry on a pre-school service situated at: -

Type of facility - Please tick as appropriate

Have you previously contacted the Health Service Executive to avail of their pre-school advisory service? __________

If yes, date of contact _________________

If the pre-school service is carried on by an individual, please complete Section 1. If the pre-school service is carried on by an organisation such as a voluntary group, company or other body, please complete Section 2.

Section 1

Personal Details

1.         If an individual is carrying on the pre-school service please complete (a), (b), (c) and (d) where appropriate.

(a)       Please state full name, previous name(s), date of birth, home address, home telephone number, mobile number, fax number and email address of the individual carrying on the pre-school service.

(b)       Please state the full name, previous name(s), home address, home telephone number, mobile number, fax number and email address of the adult in charge of operating the pre-school service.

✱ only if different from the above

(c)       Information to be given about the individual carrying on the pre-school service.

(i)         Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).

(ii)       Relevant experience including previous voluntary or paid work with children.

(d)       Information to be given about the adult in charge of operating the pre-school service.

(i)        Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).

(iii)       Relevant experience including previous voluntary or paid work with children.

Section 2

2.  If the pre-school service is carried on by an organisation such as a voluntary group, company or other body:

(a)       Please state the name and address, telephone number, mobile number, fax number and email address of the organisation and the full name of the person acting on behalf of the organisation his\her position and home address, home telephone number, mobile number, fax number and email address.

✱ only if different from above

(b)       Please state the full name, previous name(s), home address and home telephone number, mobile number, fax number and email address of the adult in charge of operating the pre-school service.

(c)       In the case of a registered company, the name and address of the registered office, the name of the Company Secretary and the company registration number must also be given

(d)       Information to be given about the adult in charge of operating the pre-school service.

(i)        Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).

(ii)        Relevant experience including previous voluntary or paid work with children.

3.      Description of facilities - whether premises is domestic or otherwise.

4.     Declaration

I declare that all the information set out in this notice is correct.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations set out the various requirements to be complied with by persons carrying on pre-school services for the purposes of securing the health, safety and welfare and promoting the development of pre-school children.

The Child Care (Pre-School Services) Regulations 1996( S.I. No. 398 of 1996 ) and the Child Care (Pre-School Services) Regulations 1997( S.I. No. 268 of 1997 ) are revoked on commencement of these Regulations and the Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) are revoked immediately.